American Electric Securities Corp. v. 11 West 42nd Street, Inc. , 17 N.Y.S.2d 865 ( 1940 )

Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer or otherwise move within twenty days after service of order upon payment of said costs. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.; Untermyer, J., dissents and votes to reverse and grant the motion on the ground that the separate statement of causes of action in a complaint is a matter of legal right and not within the discretion of the court. -